RP/97/2018 on 31 December 2018

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP(M) No. 1704 of 2018 in Review Petition No. 97 of 2018

Date of decision: 31.12.2018

Tawaru Ram … Applicant/Petitioner Versus Rattan Vir & Ors. … Non-Applicants/Respondents

Coram :

The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 For the Applicant/ : Mr. Ashwani Kaundal, Petitioner Advocate. For the Non-Applicants/ : Nemo. Respondents

Ajay Mohan Goel, J. (Oral): CMP(M) No. 1704 of 2018: This application has been filed by the applicant praying for condonation of 545 days delay in filing the review petition against judgment and decree passed by this Court in RSA No. 269 of 2006 titled Rattan Vir Vs. Twaru, which was decided on 29.09.2016. 1Whether reporters of Local Papers may be allowed to see the judgment?

2. The explanation given as to why the review petition has been filed after such a long delay, is that the applicant was not informed by the counsel who represented him before this Court as to when the appeal stood decided. Thereafter, when he came to know about the adjudication in the appeal, he was advised by the counsel at Rohru to contest the execution petition. The averments made in the application also demonstrate that the applicant feeling aggrieved by the orders passed by the Executing Court had earlier approached this Court under Article 227 of the Constitution of India and the petition filed by him was withdrawn on 22.11.2018 and thereafter present application has been filed.

3. Be that as it may, the averments made in the application do not give any cogent explanation as to why the review petition petition has not been filed within the statutory period, except the bald averments made therein that factum of the adjudication of the appeal was not informed to the applicant by the counsel. There is no other ground mentioned. Even this alleged fact that the applicant was not informed about the adjudication of the appeal by his counsel, is not supported by any contemporaneous material. On the other hand, one finds that the applicant was

defending himself in the execution petition and had even approached this Court as already mentioned above. Therefore, as the applicant has not been able to explain satisfactorily as to why the review petition could not be filed within the statutory period, this application being devoid of any merit is dismissed. Review Petition No. 97 of 2018:

4. In view of the dismissal of the application for condonation of delay, this petition meets with the same fate, so also the pending miscellaneous application(s), if any. (Ajay Mohan Goel), December 31, 2018 Judge (BSS)